No Order Passed to Stop Funding of DCPCR: LG Files Affidavit Before Delhi High Court

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Synopsis

As per court's order dated January 19, the LG was directed to place an affidavit stating that no orders were passed by him for stopping the funds to DCPCR

The Counsel for Lieutenant Governor (LG), Vinai Kumar Saxena, filed an affidavit before the Delhi High Court on Thursday stating that the LG has never passed any order withholding funds from the Delhi Commission for Protection of Child Rights (DCPCR).

The court was hearing a plea filed by the DCPCR challenging an order withholding funds pending an inquiry and a special audit over allegations of misuse of government funds.

Taking note of the affidavit, the bench of Justice Subramonium Prasad directed the DCPCR to file its reply on the affidavit. 

The matter is scheduled for further consideration on February 16. 

Notably, on January 19, the counsel for LG also informed the court that the impugned order (the so-called press release) has also never been issued by LG's office.The court had directed the counsel to file the same affidavit within four days.

Earlier, while reviewing a press note detailing the LG's actions against the child rights body, the court remarked that certain portions of the document appeared to have taken on a "political colour."

"I would’ve said, 'audit, go ahead.' (But page) 154 takes a political colour. That’s when my problem begins…The usual foundation and motive problem (is there)," the judge had said.

The contentious section highlighted that DCPCR’s former chairperson, Anurag Kundu, and six members were politically affiliated with the Aam Aadmi Party (AAP).

Last year, Lieutenant Governor V. K. Saxena sanctioned a proposal from the Women and Child Development (WCD) Department to conduct an inquiry and ordered a special audit into the alleged misuse of government funds by DCPCR. Saxena had further directed that no additional requests for fund allocation by DCPCR would be entertained until the completion of the inquiry and special audit.

Senior Advocate Gopal Sankaranarayanan, on behalf of DCPCR had informed the court that the allocation of funds to the child rights body had come to a halt.

About the Plea 

DCPCR, in its petition, argued that such a setback paralyzed a statutorily protected and independent institution, jeopardizing emergency response systems for children facing violence, child labor, and begging.

The plea contended that any attempt to withhold or reduce funds to DCPCR violated its autonomy and posed a threat to its survival. It also highlighted an attempt to weaken the statutory audit mechanism conducted by the Comptroller and Auditor General (CAG), emphasizing that subjecting DCPCR to any other auditor was illegal.

The petition further claimed that the WCD Department's proposal, on which the LG based the action, was riddled with legal errors and malice. It alleged that the investigation's outcome was predetermined and biased, violating the principles of fairness and impartiality.

Case Title: Delhi Commissioner for Protection of Child Rights and Anr. v. Lieutenant Governor